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A defendant shall be punished by imprisonment with prison labor for not more than ten months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On June 25, 2010, the Defendant received a summary order of KRW 1,50,000 from the Chuncheon District Court to a fine of KRW 1,50,000 as a crime of violating the Road Traffic Act, and on May 2, 2012, a summary order of KRW 1,50,000 as a fine of KRW 1,50,00 for the same crime from
On October 13, 2016, at around 22:47, the Defendant driven B CCB car with approximately 0.136 percent alcohol concentration in the blood alcohol content from the front of the Egynish Service located in Pyeongtaek-si, Pyeongtaek-si, and from around 4 kilometers to the front of 786, the Defendant driven B CCB car with approximately 0.136 percent alcohol content in the same city.
As a result, the Defendant, who once or more drinking, driven a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of driving at home and report on the detection thereof;
1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (the previous confirmation of criminal history);
1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Taking into account all the factors of sentencing, including the observation of protection and the fact that there are two times the reasons for sentencing under Article 62-2 of the Criminal Act, the fact that the drinking level is high, the fact that the vehicle is disposed of, the fact that the person is sentenced to imprisonment due to drinking driving, the first fact that the person is a family member to support, the defendant's occupation and age, etc.;